HomeMy WebLinkAboutSmuggler Superfund- Birfurcation Operable Unit 1 from OU2e
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FEB 0 5 1987
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
999 18th STREET--S'JITE 500
DENVER, COLORADO 80202-2405
CERTIFIED MAIL
REQUESTED
RETURi� RECEIPT
FEB j 1?87
Au
ENVIkvii . a: NJ AL HEALfi'H
ASPEN/PMN
RE: Smuggler Mountain Site,
CERCLA Settlerent
Gentlemen:
In our neg
otiation session of January 21, 1987 two major issues
were raised. These concerned bifurcation oablenit
su#21and bifurcatfor ion
ranediation on Operable Unit #1 versus Orable Unit #1 and payment
of performance of the remedy regarding Opo
of past response costs. After discussions at the Departmejt of have
Justice (DW) and the Environmental Protection Agency as , we haha•
received approval to negotiate these issues separately,
Y
J. Bifurcation of ResPOnsibilitY for Remediation on Operable Unit #1 and
on Operable Unit #2.
We will proceed separately regarding remediation of Operable
Unit #1 and operable Unit #2 with the.parties listedof the. remedy, on
these parties would be able to ca�1m~nceo formance the remedy on Operable
Operable Unit #1 without having to per
Unit #2 at this time. However, a release for costs incurred On
ilable because, pursuant to longstanding EPA
Operable Unit #2 is unavalygiveto otherwise innocent
practice, releases are not generally g
parties.
We are still evaluating the parties' culpability as to
operable Unit #2.
The following parties will be given the opportunity to take
advantage of this offer:
mco Holdings, Inc. t
World Class Housing, Inc.
Smuggler Racquet Club,
Smuggler Mobile Home Owners Association
Hunter Creek
Silver King Investments
Mr. dick Coates
Pitkin County Limited)
Michael Lipkin (Smuggler
;,,., of cPrrlement on Remedial Action and Settlement on Reimbursement
L. (J11U.�,VQ6ivaa .. —
of Past Response Costs.
EPA desires that the remedy selected in the ROD will be
performed this summer. 'Therefore, in filing a complaint for
injunctive relief and cost recovery► we would be willing to
simultaneously file a proposed consent decree for performance future
of the
remedy. The proposed consent decree would require payment
response costs, but would not address past response costs. However,
the decree would include language retaining the right of the United
States to recover all past response costs. We would proceed with
trial preparation for cost recovery, unless we were able to reach
settlement on those issues as well.
Pursuant to these guidelines, we will be sending you a proposed
consent decree in the near uest offers on theion, we PaYment ofwill
be past response
to you individually to eq
costs.
If you have any questions regarding the bifurcation decisions,
please contact Matt Cohn at (303) 293-1468.
sincerely,
Matt Cohn
Assistant Regional Counsel
cc: Brian Donohue
Laura Clemrens
Thomas G. Fiore
Blake Velde